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Petitioner: KHALID alias BILU VS Respondent: StateHonorable Justice M. Bilal KhanKh. Awais Mushtaq,Ch. Nazeer Ahmad
2006 M L D 1845
2006 M L D 1845
[Lahore]
Before M. Bilal Khan, J
KHALID alias BILU---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.2826/B of 2006, decided on 2nd May, 2006.
Criminal Procedure Code (V of 1898)---
----S. 498---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4---Pre-arrest bail, grant of---Accused who was Christian by faith, had produced a permit for buying liquor which was issued in his name for six units of liquor---Accused had contended that bottle of liquor which had been allegedly recovered from him had been validly purchased and was being kept with him---Said contention could not be brushed aside summarily---Case of accused was clearly one of further enquiry within the meaning of subsection (2) of S.497, Cr.P.C.---Ad interim bail granted to accused was confirmed, in circumstances,
Kh. Awais Mushtaq for Petitioner.
Ch. Nazeer Ahmad for the State.
ORDER
M. BILAL KHAN, J.---Khalid alias Bilu son of Samual Masih, the petitioner, seeks pre-arrest bail in case F.I.R. No.103, dated 3-3-2006, registered at Police Station, Civil Lines, Sialkot, for offences under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order No. 4 of 1979.
2. The allegation against the petitioner who is Christian by faith, as is unfolded in the F.I.R. registered at the instance of Muhammad Boota, A.S.-I., was that while he was on patrol duty along with some police functionaries he received a secret information that the petitioner was proceeding towards, his house from Lorry Adda and was holding a black coloured shopper bag in his hand which contained a bottle of liquor; ultimately a raid was conducted and the petitioner on seeing the police party threw away the bottle of liquor and ran away. Resultantly the instant F.I.R. had been recorded.
3. The petitioner applied for his pre-arrest bail which was turned down by the learned Addl. Sessions Judge, Sialkot vide his order, dated 18-3-2006. Hence the instant petition.
4. I have heard the learned counsel for the parties and have perused the record brought by Muhammad Munawar, A.S.-I., Police Station, Civil Lines, Sialkot.
5. The petitioner has produced a Permit for buying liquor which had been issued in his name in the year, 2002 for six units of liquor. He contended that the bottle which had allegedly been recovered from him had been validly purchased and was being kept with him. This contention cannot be brushed aside summarily. His case is clearly one of further inquiry within the meanings of subsection (2) of section 497, Cr.P.C.
6. Resultantly this petition is allowed and the ad interim pre-arrest bail granted to the petitioner in terms of this Court's order, dated 17-4-2006 is hereby confirmed.
H.B.T./K-57/L Bail confirmed.